Blackinton v. Blackinton
Massachusetts Supreme Judicial Court
Appeal by James O. Blackinton and Chauncey G. Fuller, executors of the will of Ellis Blackinton, from a decree of the Probate Court, on a petition of the appellee, the widow of the testator, making her an allowance of $400 as necessaries.
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Appeal by James O. Blackinton and Chauncey G. Fuller, executors of the will of Ellis Blackinton, from a decree of the Probate Court, on a petition of the appellee, the widow of the testator, making her an allowance of $400 as necessaries. At the hearing in this court, before Wells, J., the executors put in evidence a marriage contract between the testator and the petitioner, by her maiden name of Alice S. Swallow, by which the petitioner, in consideration of $100, to be paid to her out of her husband’s estate, within one year from his death, relinquished all claim on any part of his estate,…
1Opinion of the CourtColt, J.
The rights, if any, which the legal representatives of Ellis Blackinton now have under the marriage contract cannot be availed of by them in the Probate Court as a bar to his widow’s application for an allowance out of his estate. There is no power in that court to try the validity of that contract or to give effect to its provisions. Its jurisdiction over all matters relating to the settlement of the estates of deceased persons is limited and exclusive. The distinction between the probate and the common law courts in this Commonwealth is like that which formerly existed between the…
2Cited by8 opinions
- In re the Estate of NoahCalifornia Supreme Court · 1887
- Paine v. HollisterMassachusetts Supreme Judicial Court · 1885
- Nathan v. NathanMassachusetts Supreme Judicial Court · 1896
- Baker v. BakerWisconsin Supreme Court · 1883
- Deshon v. WoodMassachusetts Supreme Judicial Court · 1888
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